| People v Fisher |
| 2014 NY Slip Op 05570 [119 AD3d 1289] |
| July 31, 2014 |
| Appellate Division, Third Department |
[*1]
| 1 The People of the State of New York, Respondent, vRobert J. Fisher, Appellant. |
Ellen H. Fried, Cornwallville, for appellant.
P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Breslin, J.), rendered June 14, 2012in Albany County, convicting defendant upon his plea of guilty of the crime of attemptedburglary in the second degree.
In full satisfaction of a five-count indictment, defendant pleaded guilty to attemptedburglary in the second degree and waived his right to appeal. He was thereaftersentenced, pursuant to the plea agreement, to a prison term of seven years to be followedby three years of postrelease supervision. Defendant now appeals.
We affirm. Contrary to defendant's contention, our review of the plea colloquy andthe counseled written waiver executed by defendant establish that he knowingly,intelligently and voluntarily waived the right to appeal his conviction and sentence (see People v Frasier, 105AD3d 1079, 1080 [2013], lv denied 22 NY3d 1088 [2014]; People v Ferro, 101 AD3d1243, 1244 [2012], lv denied 20 NY3d 1098 [2013]). Defendant's soleremaining contention on appeal, that the sentence is harsh and excessive, is precluded byhis valid appeal waiver (seePeople v Newton, 113 AD3d 1000, 1001 [2014]; People v Marshall, 108 AD3d884, 884 [2013], lv denied 22 NY3d 957 [2013]).
Lahtinen, J.P., Garry, Egan Jr., Devine and Clark, JJ., concur. Ordered that thejudgment is affirmed.